LALLU YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) The sole appellant has been convicted under Sec. 376 of the Indian Penal Code and was sentenced to undergo R.I. for 10 years.

(2.) The case of prosecution, in short, is that on 22.4.1989 while Kaushalya Devi was grazing her she-goats, her co-villager Lallu Yadav was also grazing sheeps and she-goats by her side. It has been stated that Lallu Yadav came near her, showing his sickle, threatened and caught her and forcibly took her into the "PAIN" and committed rape on her. He threatened her if she would disclose about it to anybody, he will cut her by the sickle. She stated that after assault blood came out from her private parts and also she got blood stain on her petticoat and sari. Anyhow, she came to her house and narrated about the occurrence to her aunty Kari Devi who saw the blood stained cloths and told about the occurrence to the family members. It has been stated that on the day of occurrence as there was no male member present in the house, therefore, she could not go to the Police Station for lodging a case. Her fardbeyan was recorded by Sub- Inspector of Sono Police Station. On the basis of her fardbeyan a formal F.I.R. was registered being Sono P.S. Case No. 34 dated 22.4.1989 under Sec. 376 of the Indian Penal Code. After completion of investigation chargesheet was submitted against the accused under Section 376 I.P.C. Accordingly, cognizance was taken and the case was committed to the Court of Sessions for trial.

(3.) The appellant pleaded not guilty and has stated that he has falsely been implicated in this case due to enmity.